Manufacturers Life Insurance Company sought Summary Judgment against Executive Centre on the basis of a default on a lease agreement for non-payment of rent. The parties agreed, and Veit J. accepted, that Rule 7.3 has not amended the test developed in Alberta jurisprudence with regard to Summary Judgment. Where there is no factual dispute, the onus is on the respondent to establish that it has some arguable defence to the claim. Further, where there is no factual dispute, the rights of the parties can be fairly determined without a trial during a special chambers hearing. Her Ladyship stated:

Where, as here, there is no factual dispute, there is no purpose to a trial.